Brijesh Sharma 01 July 2021
Shubham Bhardwaj (Advocate) 01 July 2021
Dear Mr Sharma,
The wordings of your query are little confusing however, what I could understand is that a court has passed a compromise decree and in that decree court has ordered a specific allotment of property and money to members of family. Now what you want to know is that what is the time in which the share is to be actually allotted.
The order of a court can be executed by the parties themselves any time and there is no time limit as the limitation does not apply. However, if an execution is to be filed by an aggrieved party against the party on whom the court has put an obligation then, then the time period to get the same executed is 12 years under the Limitation Act, 1963. For eg: If the court has ordered a specific member to pay money to another member, then the member who was to receive the money can file an execution within 12 years from the date decree becomes enforceable.
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, at Chandigarh
Disclaimer:- opinion is only for guidance.
P. Venu (Advocate) 02 July 2021
Yes, what exactly is the terms of the compromise/settlement which had been decreed?
Dr J C Vashista (Advocate) 02 July 2021
I agree and appreciate the opinion and advise of expert Mr. Shubham Bhardwaj, nothing more to add.
Get the decree executed within 12 years
T. Kalaiselvan, Advocate (Advocate) 06 July 2021
as rightly opined by experts above, your query is not clear and also it is not understood that what you want to clarify in furtherance to the decree obtained.
Either you may reproduce the contents as given in the decree here for proper opinion by experts here or you may consult a local lawyer if your own lawyer is not willing to interpret or not able to explain the same, for more clarity.